Settlement payments were income, COA rules
A father’s monthly annuity payments from a structured settlement agreement should have been counted as income when calculating his child support obligation, the Indiana Court of Appeals has ruled.
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Indiana gets $1.36M in Stericycle whistleblower suit settlement
Indiana has received $1.36 million in the settlement of a lawsuit alleging an Illinois company overcharged governments for disposal of medical waste.
Opinions Oct. 30, 2015
Indiana Court of Appeals
Brooks Berg v. State of Indiana
32A01-1504-CR-127
Criminal. Affirms convictions of Class D felony operating while intoxicated and Class B misdemeanor reckless driving. Berg argued the state violated his double jeopardy rights under Richardson v. State, 717 N.E.2d 32 (Ind. 1999), when it used the evidence it had presented to the jury to support the reckless-driving charge to demonstrate the endangerment element of the operating-while-intoxicated charge. The state conceded the argument, but the court rejected the reasoning as a misunderstanding of Richardson, because one offense required intoxication and the other required the act of reckless driving.
Panhandling laws face challenge after church signs ruling
Cities trying to limit panhandling in downtowns and tourist areas are facing a new legal hurdle because of a recent Supreme Court of the United States ruling that seemingly has nothing to do with asking for money.
Immigrants caught at border believe families can stay in US
Nearly a year after the Obama administration launched a massive public relations campaign to dispel rumors of a free pass for immigrant families crossing the border illegally, internal intelligence files from the Homeland Security Department suggest that effort is failing.
COA affirms convictions state conceded as double jeopardy
State attorneys who agreed with a defendant’s argument that his felony drunken-driving and misdemeanor reckless driving convictions violated double-jeopardy protections were wrong, the Indiana Court of Appeals ruled Friday, affirming both convictions.
West Virginia prosecutor suspended after pulling gun on fake spiders
An assistant prosecutor in Logan, West Virginia, has been suspended after pulling a gun and threatening to shoot fake spiders scattered around the office as Halloween decorations.
Lawsuit: DCS illegally slashes subsidies if special-needs kids adopted
A lawsuit filed Thursday claims the Indiana Department of Child Services violated federal law when it proposed to slash assistance for three profoundly disabled children after their grandparents who served as foster parents planned to adopt them.
Jurists honored for longevity of service
Eight Indiana jurists were honored by Indiana Supreme Court Chief Justice Loretta Rush for 24 years of service on the bench at an annual judicial conference, the court announced Thursday.
Court rejects ACLU’s request to stop phone record collection
A federal appeals court in New York has rejected the American Civil Liberties Union's effort to stop bulk collection of its phone records while a more limited collection system is put in place.
Opinions Oct. 29, 2015
Indiana Court of Appeals
Citizens Action Coalition of Indiana, Inc., Sierra Club, Inc., and Valley Watch, Inc. v. Southern Indiana Gas and Electric Co. d/b/a Vectren Energy Delivery of Indiana, Inc., Ind. Utility Regulatory
93A02-1502-EX-110
Agency action. Reverses approval of Vectren’s proposal to modify current coal-powered generating stations and request for financial incentives and reimbursement from ratepayers for costs associated with the projects by the Indiana Utility Regulatory Commission. The commission erred in failing to make findings on the factors listed in I.C. 8-1-8.7-3. Remands with instructions for commission to make the required findings.
Ohio county settling suit over morgue body mix-up for $165K
A county has reached a $165,000 settlement with two families over a body mix-up at a morgue that led to one Indiana man being incorrectly cremated and another man entombed in his place.
IURC must reconsider Vectren’s plant modification, rate reimbursement requests
Even though a utility company completed many of the projects it received approval for regarding modifications of coal-powered generating stations, that does not render an appeal by various environmental groups moot, the Indiana Court of Appeals held Thursday.
Woman failed to file lawsuit within 3-year period as required by contract
A woman was required under her insurance policy to file a lawsuit to recover underinsured motorist coverage within three years of the car accident, and because she did not, the Indiana Court of Appeals reversed summary judgment in her favor on the issue.
Sue Shadley memorial set for Nov. 7
A memorial service for trailblazing Indianapolis attorney Sue Shadley is scheduled for Nov. 7 at the Eiteljorg Museum of American Indians and Western Art.
Southern Indiana companies sue New Albany over road changes
Eight companies are suing New Albany, alleging that changes made last year to a major thoroughfare in the southern Indiana city have made the road narrow and unsafe.
Federal prosecutors have copies of alleged Fogle recordings
Federal prosecutors have copies of audio recordings a Florida woman says she made of former Subway spokesman Jared Fogle talking about sexual encounters he had with children and say they took those recordings "into account" before charging Fogle.
Dennis Hastert pleads guilty, acknowledges hush-money scheme
Dennis Hastert pleaded guilty Wednesday to evading banking laws in a hush-money scheme, averting a potentially lurid trial that could have dredged up sexual allegations by agreeing to a deal with prosecutors that recommended he serve no more than six months in prison.
Indiana Supreme Court hears police eavesdropping case
A group of police officers were "pretty blatant" when they eavesdropped on conversations between a man facing a murder charge and his attorney and later found a gun based on what they had overheard, Indiana Supreme Court Chief Justice Loretta Rush said Wednesday.
Judge sentences former Owen County auditor to 20 months
A federal judge has sentenced a former western Indiana county auditor to 20 months in prison for embezzling $340,000 in public funds.